Chapter 13 Bankruptcy in Florida

Bankruptcy filing is a way for people or businesses who are deeply in debt to either have debts discharged or reorganized.

There are several types of bankruptcy, each named for the chapter in the bankruptcy code that defines the requirements and outcomes.



The two most common forms of individual bankruptcy are Chapter 7 and Chapter 13. The main difference is that Chapter 7 (liquidation bankruptcy) is for people who meet a bankruptcy means test.

Most debts filed under Chapter 7 are discharged and while the person may lose their home, they can now pursue a fresh start.

Chapter 13 bankruptcy is used by people who either have too many assets or too much debt.

If you are not certain which bankruptcy filing you want to look into, you can use a free online means test calculator to determine if you meet the Chapter 7 bankruptcy filing requirements.

We will discuss the steps and the pros and cons surrounding filing for bankruptcy. Since we are not a Florida bankruptcy attorney, we strongly advise you to consult a bankruptcy attorney before filing for bankruptcy.

What is Chapter 13 bankruptcy

Chapter 13 bankruptcy is also called the "reorganization" bankruptcy. Instead of erasing debt, the Chapter 13 bankruptcy process allows people with regular income to repay their debts through regular monthly payments to debtors' creditors.

Unlike Chapter 7, you can keep the property and even catch up on car payments and missed mortgage payments.

Filing a Chapter 13 bankruptcy in Florida

The steps to filing a Florida bankruptcy are fairly straightforward. However, the paperwork involved in the bankruptcy petition is fairly complex.

The first step to filing bankruptcy

Determine which federal bankruptcy court will handle your petition. This is based on the following:

• the permanent residence location for 180 days before filing, or
• principal place of business location or where your assets were for the previous 180 days, or
• if you have recently moved, the location where you spent the greater portion of those 180 days

Go to the U. S. Court Locator, enter the appropriate city and state or zip code, and select "bankruptcy court."

The Second Step to filing bankruptcy

Chapters 7 and 13 bankruptcies require the filers to complete the approved credit counseling course. Keep the certificate as you will file it along with your paperwork.

The Third Step to filing bankruptcy

Complete the bankruptcy petition. This petition details your income, debt, and property for the past 10 years. A list of all bankruptcy forms is included below along.

Each state may have additional bankruptcy forms or formats, so always ask the clerk of court for your bankruptcy court.

The fourth step to file bankruptcy

File your bankruptcy petition.

How to file for Chapter 13 bankruptcy in Florida

The following list includes all the paperwork you will need to include in your petition.

• Form 101 (“Voluntary Petition for Individuals Filing Bankruptcy”)
• Certificate of completion for required credit counseling
• Form 106Dec (Declaration About an Individual Debtor's Schedules)
• Form 106Sum (Summary of Your Assets and Liabilities and Certain Statistical Information) details the total value of your property, total debt amounts, and information about income and expenses
• Form 106A/B (Schedule A/B: Property) lists all belongings and must include an estimate of how much they could be sold for
• Form 106C (“Schedule C”) instructs the bankruptcy trustee as to what property is protected by an exemption
• Form 106D (Schedule D) lists secured creditors for secured debt like real property (like a house) or personal property (car loans)
• Form 106E/F (Schedule E/F) lists all other debts like credit card debt
• Form 106G (Executory Contracts and Unexpired Leases (individuals)) includes home rentals, car leases, or other long-term contracts
• Form 106H (Schedule H: Your Codebtors) must be filed even if there are no co-debtors
• Form 106I (Schedule I) lists all income, including unpaid commissions for personal services
• Form 106J (Schedule J: Your Expenses (individuals)) includes how much you spend monthly on things like rent, food, transportation, etc.
• Form 107 (Your Statement of Financial Affairs for Individuals Filing for Bankruptcy) covers information about your financial situation that is not part of the schedules, including pending legal actions
• Form 113 (Chapter 13 Plan) FYI - bankruptcy courts often require a local plan form instead of the official form. This is your repayment plan and must have court approval
• Form 121 (Your Statement About Your Social Security Numbers)
• Form 122C-1 (Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period)
• Form 122C-2 (Chapter 13 Calculation of Your Disposable Income)
• Form 423 (Certification About a Financial Management Course)
• 2010 Notice Required for Individuals Filing Bankruptcy
• A creditor matrix is a list of all creditors and their addresses and is usually accompanied by verification. Ask your local bankruptcy court for the preferred format
• Pay the filing fee of $245

Depending on your unique situation, you may need the following forms:

• Form 101A (Initial Statement About an Eviction Judgment Against You) is filed if you’re behind on your rent and your landlord has received a judgment to evict you
• Form 101B (Statement About Payment of an Eviction Judgment Against You) is filed if you have an eviction judgment against you
• Form 106J-2 (Schedule J-2: Expenses for Separate Household of Debtor 2) is filed by a married couple who filed a joint petition for bankruptcy but do not live together
• Form 119 (Preparer's Notice, Declaration and Signature)
• 2030 Disclosure of Compensation of Attorney for Debtor

Always ask if you need to file local forms as required by your bankruptcy court district.

Who can file Chapter 13 bankruptcy in Florida

Bankruptcy law is set by the federal government. Any individual can file for Chapter 13 bankruptcy as long as the individual's combined total secured and unsecured debts are less than $2,750,000.

You cannot file for Chapter 13 bankruptcy if, within 180 days, a prior bankruptcy petition was dismissed due to willful failure to appear or comply or the petition was voluntarily dismissed.

The benefits of filing for Chapter 13 bankruptcy in Florida

There are a number of very good reasons to pursue a bankruptcy filing in the state of Florida. The first is that the court will impose an automatic stay on your debts owed until the bankruptcy proceedings are completed.

It consolidates debt into one affordable payment, as based on the debtor's current monthly income. The plan can allow you to repay creditors over a longer period of time, often reducing the debt amount or interest rate that you owe.

As long as you are making payments, you can keep your home and car. In addition, you may be about to make up missing mortgage payments and car loans without penalty or interest. Chapter 13 bankruptcy can stop foreclosure proceedings.

You may be able to discharge some tax debt and you may get to keep income tax refund payments.

The main reason to avoid filing bankruptcy is that it stays on your credit report for up to seven years and can affect your ability to get loans in the future.

What to expect after you file for Chapter 13 bankruptcy in Florida

Once you file for Chapter 13 bankruptcy, the court will impose an automatic stay, and creditors are not to contact you or attempt to collect a debt. This stops debt collection harassment.

Next, your petition is turned over to a bankruptcy trustee. This person will call a creditors meeting to discuss your financial situation and go over the repayment plan.

You then begin your repayment plan until your debts are paid as required.

Florida Bankruptcy Alternative

f you have debts but want to look at some different options, there are some alternatives. Debt settlement is one way to reduce and repay debts without declaring bankruptcy.

In debt settlement, legit companies like Pacific Debt Relief negotiate with unsecured creditors to reduce the total amount you owe.

To learn more about debt settlement, check out this link.

Pacific Debt Relief

Pacific Debt Relief is one of the leading settlement companies in the US and is proud to have settled more than $300 million in unsecured debts for people who may have been considering bankruptcy.



We are an award-winning debt settlement company that can help you to settle unsecured debts like personal loans without the expense, effort, embarrassment, and credit damage of bankruptcy. Our monthly payment plan is based on your budget.

Before you file bankruptcy, call us for a free consultation with one of our award-winning debt specialists. The specialists will help you understand all your options.

We suggest you consult a bankruptcy law firm before filing for bankruptcy.